The Democratic Alliance has taken government to court over its decision to leave the International Criminal Court, labelling the move unconstitutional and putting up quite a fight on day one.

The DA’s court battle against South Africa’s withdrawal from the ICC kicked off with a bang on Monday, when the opposition accused the executive of side-stepping the public.

“Government had to involve the public in such a fundamental matter involving human rights,” the party’s legal representative, Steven Budlender, told the Pretoria High Court.

He added that the ANC-led government had failed to involve the people of South Africa, taking it upon itself to exclude the public in the decision-making process. Budlender told the court that Parliament, not the executive, has the authority to make these kinds of decisions.

“There has never been any suggestion by Parliament that it is the executive that can unbind South Africa from its treaties,” Budlender said, adding that SA’s decision would have a negative impact on our reputation abroad as well as the ICC itself.